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Legal update

Adjudication enforcement: administration is no escape route

In South Coast Construction Ltd v Iverson Road Ltd, the Technology and Construction Court found that an administration moratorium should not prevent enforcement.  
06 April 2017

Legal update

Construction and engineering Pre-Action Protocol – revised and revitalised

The second edition of the Pre-Action Protocol for construction and engineering disputes came into force on 14 November. It aims to create a more proportionate, quicker and cheaper process. 
29 November 2016

Legal update

Costs in adjudication: can you recover using the Late Payment Act?

Does the Late Payment of Commercial Debts (Interest) Act 1998 provide a way of claiming costs in adjudication? The recent case of Lulu v Mulalley has reignited debate.
28 September 2016

Legal update

Is domestic arbitration set for a resurgence?

Domestic arbitration has been overtaken by adjudication and the efficiency of the TCC. With uncertainty over Brexit and the increased cost of litigation is arbitration set for resurgence?
28 September 2016

Legal update

Public procurement: when is a development agreement not a public works contract?

A review of R (Faraday Development Ltd) v West Berkshire Council and another which offers guidance on how development agreements can be structured to fall outside the scope of public procurement law.
22 September 2016

Legal update

Widespread errors in European procurement should lead to EU funds being withheld

There were errors in 40 per cent of the public procurement processes used to distribute EU budget funds in 2007-2014.
24 September 2015

Legal update

A change in the balance of commercial interest requires a public contract to be tendered

Retendering "materially varied" contracts subject to the public procurement regime: what amounts to a material variation following the leading European Case Pressetext?
25 February 2015

Legal update

New Procurement Regulations to come into force on 26 February 2015

It was announced on 6 February 2015 that the long-awaited Public Contracts Regulations 2015 (SI 2015/102) will come into force on 26 February 2015, replacing the Public Contracts Regulations 2006.
06 February 2015

Publication

Should I stay or should I go? (Revisited) - further automatic suspension upheld

Further to our briefing, Procurement Challenges - should I stay or should I go?, the English High Court has stayed another contract award. We consider what this means here.
13 November 2014

Legal update

Local Council winning when it was wrong

When responses to consultations are not properly considered by local councils, affected members of the public can, in theory, bring Judicial Review proceedings. What do the courts think?
22 November 2013

Publication

Fire and Emergency Services ; safety law applies in the firezone

The Fire Service, Police and other Emergency Services should identify risks in the areas in which they operate such as Health and Safety laws when putting officers into dangerous situations.
12 September 2013

Publication

All for one? Nash v Barnet LBC

A local authority has successfully defended a high-profile procurement on time limits but the Court of Appeal chose not to deal with the requirements to consult. Houlden, Jackson and Tucker consult.
03 September 2013
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